Legal Question in Family Law in Florida

In what state should I hire representation?

I live in Austin, Texas and I am being sued by the State of Florida Department of Revenue (in the Circuit Court of the 26th Judicial Circuit in and for Collier County, Florida)on behalf of an ex-girlfriend to determine paternity and support. I can not find the proper procedue to respond to this suit and I need to find representation. My question is: Do I have to hire an attorney in Florida or may I find representation in Texas?

Thank you


Asked on 4/29/02, 4:27 pm

2 Answers from Attorneys
Bob Leonard Bob Leonard Law Group, PLLC

Re: In what state should I hire representation?

Clearly Florida. It is possible that your Florida attorney may decide that they have no jurisdiction over you or that the case should be in Texas (very doubtful), but the issues will be tried under Florida law and you need an attorney who practices in that state.

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Answered on 4/29/02, 4:41 pm
Alex R. Hernandez Jr. The Law Offices of Alex R. Hernandez Jr.

Re: In what state should I hire representation?

Yes, hire a Florida attorney but you can also challenge jurisdiction yourself by filing a special appearance. Be careful because if you file an answer before you file special appearance and in reality there is no jurisdiction you may submit yourself to the jurisdiction of Florida. Ask yourself and let your Florida lawyer know whether you are subject to Florida jurisdiction. Do you have what lawyers call "minimum contacts"? Do you have business or land in Florida? Have you lived in Florida? Do not go to Florida without sending a special appearance if you do not have jurisdiction in Florida, they can get you for in personam jurisdiction even if you just visit. Seek help from a Florida lawyer.

Hope this helps,

Alex

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Answered on 4/30/02, 11:50 am


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